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Can I be forced to provide a notarized lien waiver form in Oregon?

I would prefer to deliver lien waivers without having to get them notarized. Having to go get them notarized just adds time until I get paid. Can the GC require I have lien waivers notarized?

1 reply

May 20, 2019

Most states, including Oregon, don't require notarization of lien waivers. The question, then, is whether or not a property owner, GC, or other party can specifically require a lien waiver be notarized, and not accept it if it is not.

While that may be a difficult question to determine in some states, that is not the case in Oregon. Oregon is unique in that its statutes specifically allow a party to require notarized lien waivers.

Specifically, OR Rev Stat § 701.630 (2015) states that: "Each subcontractor or material supplier must provide an appropriate waiver of any lien for labor, equipment, services, materials or products in accordance with subcontract or purchase order terms and conditions. The original contractor or subcontractor may require that such waivers of lien be notarized." [emphasis added]

If a GC is requiring notarized lien waivers in Oregon, and that process is slowing down payment, it is their right to make that request.

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